[Cites 8, Cited by 0]
Karnataka High Court
Arunkumar @ Damu vs State Of Karnataka on 19 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10335
CRL.P No. 17316 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17316 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
ARUNKUMAR @ DAMU
S/O NARASIMHAMURTHY,
AGED ABOUT 21 YEARS,
R/AT: MUNESHWARA BADAVANE,
NEAR DIBBUR CLINIC, TUMAKURU TALUK,
TUMAKURU DISTRICT - 572 101.
...PETITIONER
(BY SRI. G.M. SHARATH, ADVOCATE FOR
SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE)
AND:
STATE OF KARNATAKA
BYNELAMANGALA TOWN POLICE STATION,
Digitally signed by
LAKSHMINARAYANA REP. BY ITS STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI HIGH COURT BUILDING,
Location: HIGH
COURT OF BANGALORE - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C
(UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED NO.3 ON BAIL IN S.C.NO.197/2025
(CRIME NO.78/2025) REGISTERED BY THE NELAMANGALA
TOWN POLICE STATION, FOR THE OFFENCES PUNISHABLE
-2-
NC: 2026:KHC:10335
CRL.P No. 17316 of 2025
HC-KAR
UNDER SECTIONS 103(1), 140, 61(2) AND 49 READ WITH
SECTION 3(5) OF BNS, 2023 AND UNDER SECTION 27(2) OF
ARMS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT
AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT
BENGALURU.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.3 under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in S.C.No.197/2025 (Crime No.78/2025 of
Nelamangala Town Police Station), pending on the file of
Principal District and Sessions Judge, Bengaluru Rural
District, Bengaluru, registered for offences punishable
under Sections 103(1), 140, 61(2), 49 read with Section
3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section
27(2) of Arms Act.
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HC-KAR
2. Heard learned counsel for petitioner and
learned Additional State Public Prosecutor for respondent -
State.
3. Learned counsel for petitioner would contend
that, there is no overt act alleged against this petitioner
assaulting the deceased. The said overt act is alleged
against accused Nos.1 and 2. The petitioner alleged to
have driving the car at the time of the incident and
accused No.1 has assaulted the deceased when he was in
the car of this petitioner. As the charge sheet is filed, the
petitioner is not required for further custodial
interrogation. With these, he prayed to allow the petition.
4. Per contra, learned Additional State Public
Prosecutor for respondent would contend that, this
petitioner was present on the spot at the time of the
incident. The petitioner was driving the car. After accused
Nos.1 and 2 assaulted the deceased and took him in the
car of this petitioner, accused No.1 has assaulted the
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deceased in the car and caused his death. The charge
sheet materials show that, there is a prima-facie case
against the petitioner for offences alleged against him.
With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. As per the charge sheet, the case of the
prosecution is that the deceased - Dileep Kumar had illicit
relation with C.W.1 - wife of accused No.4. Even though
accused No.4 has shifted his wife to some other place, the
deceased has not stopped his illicit relation with C.W.1.
Therefore, accused No.4 stated to have conspired with
accused Nos.1 to 3 and assured them that he will
cooperate and look after the Court expenses. Due to the
said conspiracy and the instigation of accused No.4,
accused Nos.1 to 3 went to the spot and accused Nos.1
and 2 have assaulted the deceased and at that time, the
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petitioner/accused No.3 was present on the spot in the
car, driving the car and thereafter, accused Nos.1 and 2
took the deceased in the car and the petitioner/accused
No.3 drove the said car and on the way, accused No.1
assaulted the deceased with a knife on his chest and neck
and caused his death in the car. Considering the said
aspect, there is no overt act of assault alleged against this
petitioner. The said overt act of assault is alleged against
accused Nos.1 and 2. The petitioner is in judicial custody
since 29.04.2025 and as the charge sheet is filed, he is
not required for further custodial interrogation. There are
no criminal antecedents of the petitioner.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in S.C.No.197/2025 (Crime No.78/2025 of
Nelamangala Town Police Station), pending on the file of
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Principal District and Sessions Judge, Bengaluru Rural
District, Bengaluru, subject to following conditions:
i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees
One Lakh only) with one surety for the
like-sum to the satisfaction of the trial
Court.
ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioner shall appear before the trial
Court on all dates of hearing unless
exempted by the Court and cooperate for
speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 31
